New Mexico law review最新文献

{"title":"Preparing Clinical Law Students for Advocacy in Poor People's Courts","authors":"Steven K. Berenson","doi":"10.2139/SSRN.2408786","DOIUrl":"https://doi.org/10.2139/SSRN.2408786","url":null,"abstract":"Though the breadth and range of law school clinical course offerings is impressive, it is still the case that a plurality of law school clinical courses focus on the litigation of individual cases on behalf of poor clients. Yet relatively little in law students’ pre-law school experience or in their early law school experience is likely to prepare them well for the type of advocacy that is likely to be successful in poor people’s courts. Despite the recent growth of moot court, trial advocacy, and pre-trial practice courses, these courses do not focus on the features that distinguish poor people’s courts: overcrowded dockets, poor facilities, self-representation, and weak adherence to formal rules and procedures. As a result, the burden of preparing students for effective advocacy in poor people’s courts is likely to fall primarily upon clinical teachers.This article offers a number of techniques that clinical law teachers can employ in helping better to prepare their students for such advocacy. The article also offers a defense of small-case or individual-client representation clinics against charges that such clinics fail to serve well clinical legal education’s twin core objectives of preparing students for the practice of law and advancing social justice. This article contends, in contrast, that such \"case-centered\" clinics do help students to develop skills that will serve them well in whatever area of law they choose to practice in. And while case-centered clinics have not led to broad social transformation, they have provided valuable services to many needy clients, while at the same time helping students to attain a deeper understanding of legal justice by exposing them to the vast gulf between the law in practice and the law on the books. Finally, such clinics will help to prepare students to develop emerging practices that seek to offer services in the previously underserved \"justice gap.\" Thus, the ongoing role for case-centered clinics is established.","PeriodicalId":82111,"journal":{"name":"New Mexico law review","volume":"43 1","pages":"363"},"PeriodicalIF":0.0,"publicationDate":"2014-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68186792","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Quagmire that Nobody in the Federal Government Wants to Talk About: Marijuana","authors":"M. Reid","doi":"10.2139/SSRN.2271957","DOIUrl":"https://doi.org/10.2139/SSRN.2271957","url":null,"abstract":"Legalization of marijuana has become the battle cry of many in the United States who are weary of the so-called “war on drugs” and are anxious for the federal government to allow them to use marijuana as their vice of choice. In the aftermath of several states choosing to legalize marijuana for medical use or for recreational use, the federal government must respond. Currently, both law enforcement and medical marijuana dispensaries at a standoff – law enforcement awaits orders to shut down dispensaries, and the dispensaries are risking potential seizure and the loss of their businesses. The federal government has three options: (1) legalize, (2) change marijuana from a Schedule I substance under the Controlled Substances Act to a Schedule II substance which would permit marijuana for medical purposes, or (3) enforce the current federal laws criminalizing the importation and distribution of marijuana. This article argues that option #2 is not viable and has been found to be problematic. Studies have revealed that the majority of those using marijuana with “medical cards” authorized by the state are not, in fact, using marijuana for medical purposes but rather, for recreational use. The drug cartels have gotten into bed with dispensaries and are operating without any restrictions or regulations placed on them. Moreover, marijuana cannot be changed to a Schedule II substance because the varying THC content in marijuana makes it impossible to monitor. This leads to choosing either option #1 or #2. Europe and Asia can inform this discussion. The general trend in Europe is one of prevention and decriminalization which is in stark contrast to Asia where the trend is focusing on punishment as a deterrent to drug use and distribution. The United States can look to other countries’ drug use policies to determine what has been proven to be effective. The federal government needs to take a stand and either crack down on the growing marijuana business or legalize and begin the arduous task of regulating and taxing while at the same time advocating for minimal use.","PeriodicalId":82111,"journal":{"name":"New Mexico law review","volume":"14 1","pages":"169"},"PeriodicalIF":0.0,"publicationDate":"2013-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68049716","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Legal Reader: An Exposé","authors":"Michael J. Higdon","doi":"10.2139/SSRN.2019728","DOIUrl":"https://doi.org/10.2139/SSRN.2019728","url":null,"abstract":"John Steinbeck once said, “Your audience is one single reader. I have found that sometimes it helps to pick out the person — a real person you know, or an imagined person — and write to that one.” For legal writers, however, this advice is somewhat difficult to follow as their documents are likely to be read by many different kinds of audience members. In this Article, however, I mean to focus specifically on one particular kind of reader: the legally-trained reader or, more simply, the legal reader. After all, the majority of lawyers will find themselves communicating most often with legal readers, whether those readers are other lawyers, judges, or even legislators.But who is this legal reader? And, further, what is it about this person that makes her different from an ordinary reader? Various texts on legal writing have alluded to the legal reader and some have even identified some of the key characteristics such a reader is likely to possess. In this Article, however, I want to go further. Specifically, it is my goal to synthesize all the various descriptions that others have used when describing the legal reader into a single manageable definition, one that is based on and identifies the pertinent traits of the average legal reader. I then illustrate the way in which these traits manifest themselves in the expectations of the legal reader — expectations the legal writer must understand if he hopes to communicate with the legal reader most effectively. Along the way, I rely heavily on examples from pop culture given that pedagogy scholars have increasingly come to classify pop culture as being “indispensable in education.” In fact, even “[l]egal scholars are starting to recognize the positive impact of using popular-culture references as a mechanism of communication in legal discourse.” Thus, because I hope this article might (at least in part) serve as a teaching tool, I have intentionally included the various pop culture references contained herein to provide us all with some common ground — after all, when it comes to legal education, “students” (whether talking about law students in particular or life-long students of the law in general) are able to “better understand, explore, apply, and synthesize new legal concepts when the concepts are linked or related to their preexisting knowledge and experiences.” (All quotations are from the article.)","PeriodicalId":82111,"journal":{"name":"New Mexico law review","volume":"43 1","pages":"77"},"PeriodicalIF":0.0,"publicationDate":"2012-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67857586","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Volume 40 Index","authors":"New Mexico.","doi":"10.1353/apr.2016.0034","DOIUrl":"https://doi.org/10.1353/apr.2016.0034","url":null,"abstract":"","PeriodicalId":82111,"journal":{"name":"New Mexico law review","volume":"40 1","pages":"493"},"PeriodicalIF":0.0,"publicationDate":"2010-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1353/apr.2016.0034","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66279207","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Judicial Disciplinary Systems for Incorrectly Decided Cases: The Imperial Chinese Heritage Lives On","authors":"Carl F. Minzner","doi":"10.2139/SSRN.1811021","DOIUrl":"https://doi.org/10.2139/SSRN.1811021","url":null,"abstract":"Local Chinese courts commonly use responsibility systems (mubiao guanli zeren zhi, zeren zhuijiu zhi) to evaluate and discipline judges. Judges receive sanctions under these systems for a wide range of behavior, such as illegal or unethical dealings with parties and lawyers, inappropriate courtroom behavior, and neglect of duty.Many local court Chinese responsibility systems also discipline judges for simple legal error. Judges may face sanctions linked to the number of cases that are reversed on appeal, simply because the interpretation of law made by a higher court differs from that of the original trial judge. Sanctions include monetary fines and negative notations in a judge’s career file. Such practices violate Chinese Supreme People’s Court (SPC) judicial interpretations specifically barring the use of responsibility systems to sanction judges for simple legal error. Local Chinese courts, however, have continued to promulgate such systems.Court responsibility systems that discipline judges for simple legal error create a perverse set of incentives for Chinese judges. In order to avoid appellate reversal, lower Chinese judges rely on an ill-defined system of advisory requests (qingshi) to solicit the views of higher courts and judges regarding how to decide pending cases. As Chinese judges themselves note, excessive resort to qingshi practices has many negative effects. It undermines appellate review, since the court or judge who reviews the case on appeal can be the same one who responded to the initial qingshi request regarding how to decide the case in the first place. It creates a relatively passive Chinese judiciary reliant on top-down direction. Last, it contributes to an overload of higher-level judicial authorities forced to handle a myriad of requests for guidance from lower-level courts. Unsurprisingly, the SPC has made qingshi reform a key component of both the 2004–2008 and the 2009–2013 plans for court reform.So what is going on? Why do local Chinese courts continue to use internal disciplinary systems that violate Chinese law and negatively affect daily operations of the judiciary? Historically, the use of disciplinary sanctions to punish judges for cases of simple legal error reversed on appeal is deeply rooted in imperial Chinese legal practices dating back to the Qin dynasty. Politically, the disciplinary sanctions employed by modern Chinese court responsibility systems and their imperial analogues reflect a comprehensive governance strategy employed by generations of centralized, authoritarian Chinese rulers to address pervasive principal–agent problems in a sprawling bureaucracy. However, these policies are generating conflict with rule-of-law norms established in the post-1978 reform period, and incarnated in the 1998 SPC judicial interpretations.Existing literature on the post-1978 Chinese legal system has devoted significant attention to formal legal norms promulgated by central institutions such as the SPC and the Nati","PeriodicalId":82111,"journal":{"name":"New Mexico law review","volume":"39 1","pages":"63"},"PeriodicalIF":0.0,"publicationDate":"2009-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67751477","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Volume 37 Index","authors":"New Mexico.","doi":"10.5840/idstudies200737316","DOIUrl":"https://doi.org/10.5840/idstudies200737316","url":null,"abstract":"","PeriodicalId":82111,"journal":{"name":"New Mexico law review","volume":"37 1","pages":"733"},"PeriodicalIF":0.0,"publicationDate":"2007-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71183197","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Empirical Research on Judicial Reasoning: Statutory Interpretation in Federal Tax Cases","authors":"Daniel M. Schneider","doi":"10.2139/SSRN.299567","DOIUrl":"https://doi.org/10.2139/SSRN.299567","url":null,"abstract":"In \"Empirical Research on Judicial Reasoning: Statutory Interpretation in Federal Tax Cases,\" Professor Daniel Schneider uses empirical research to examine the interplay between methods of statutory construction used by judges in federal tax decisions and the judges' social backgrounds. While tax scholarship has analyzed how the Internal Revenue Code is interpreted, it has not done so empirically. This article uses statistics, especially logistic regressions, to engage in such an analysis, taking judges' backgrounds into account. Professor Schneider's database consists of decisions from both the Tax Court and the district courts sitting in the Southern District of New York, the Northern District of Illinois, and the Central District of California that were rendered between 1979 and 1998. He has assembled data about both the decisions - the court where the decision was made, the year of the decision, the primary Code section at issue, and the rationale used to justify the decision (e.g., strict construction, reliance on legislative history) - and the social backgrounds of the judges who rendered the decisions - each judge's gender, race (for the district court judges) educational background, political affiliation, prior professional experience, and length of the judge's tenure when he rendered the decision. Some of Professor Schneider's descriptive statistics include his observations about judges that: - those who decided the Tax Court cases had gone to more elite colleges and less elite law schools than judges who decided the district court cases, and - relative to the Tax Court judges, the district court judges had served on the bench less when deciding the case before them and also were more likely to have come from private practice. His observations about the methods of interpretation used are that: - judges strongly favored nonliteral approaches, especially practical reasoning, to strict construction of the Code, - they used practical reasoning in a wide variety of substantive areas of tax law, and - they frequently mixed different approaches to interpretation, pairing strict construction, for example, with nonliteral approaches. Finally, Professor Schneider uses logistic regressions to predict what approaches judges in the sampled cases could be expected to use when justifying their decisions. Statistically significant correlations between factors in judges' social backgrounds and approaches existed for factors such as the judge's education, his professional background before being appointed to the bench, and the length of his tenure when rendering his decision.","PeriodicalId":82111,"journal":{"name":"New Mexico law review","volume":"31 1","pages":"325"},"PeriodicalIF":0.0,"publicationDate":"2002-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.299567","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68466710","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Stopping the baby-trade: affirming the value of human life through the invalidation of surrogacy contracts: a blueprint for New Mexico.","authors":"J R Combs","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":82111,"journal":{"name":"New Mexico law review","volume":"29 2","pages":"407-28"},"PeriodicalIF":0.0,"publicationDate":"1999-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22413274","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"State Investment Attraction Subsidy Wars Resulting from a Prisoner's Dilemma: The Inadequacy of State Constitutional Solutions and the Appropriateness of a Federal Legislative Response","authors":"M. Schaefer","doi":"10.5040/9781472559104.ch-034","DOIUrl":"https://doi.org/10.5040/9781472559104.ch-034","url":null,"abstract":"","PeriodicalId":82111,"journal":{"name":"New Mexico law review","volume":"28 1","pages":"303"},"PeriodicalIF":0.0,"publicationDate":"1998-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70513553","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Freedom at home: state constitutions and Medicaid funding for abortions.","authors":"L M Vanzi","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":82111,"journal":{"name":"New Mexico law review","volume":"26 3","pages":"433-54"},"PeriodicalIF":0.0,"publicationDate":"1996-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25249431","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}